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The Woman Who Decided to Die: Challenges and Choices at the Edges of Medicine
by Ronald MunsonAdvances in medical technology force us to struggle with new and often gut-wrenching decisions. How do we know when someone is dead and not just in a coma? Should a convicted felon qualify for a new heart? In The Woman Who Decided to Die, novelist and medical ethicist Ronald Munson takes readers to the very edges of medicine, where treatments fail and where people must cope with helplessness, mortality, and doubt. Using personal narratives that place us right next to doctors, patients, and care givers as they make decisions, Munson explores ten riveting case-based stories, told with a writer's eye for illuminating detail. These include a young woman with terminal leukemia more worried about her family than herself, a stepfather asked to donate a liver segment to his stepson, a student who believes she is being controlled by invisible Agents, and a psychiatrist-patient who prizes his autonomy until the end. Raising fundamental questions about human relationships, this is an essential book about the very nature of life and death.
A Woman Who Defends All the Persons of Her Sex: Selected Philosophical and Moral Writings (The Other Voice in Early Modern Europe)
by Gabrielle SuchonDuring the oppressive reign of Louis XIV, Gabrielle Suchon (1632–1703) was the most forceful female voice in France, advocating women’s freedom and self-determination, access to knowledge, and assertion of authority. This volume collects Suchon’s writing from two works—Treatise on Ethics and Politics (1693) and On the Celibate Life Freely Chosen; or, Life without Commitments (1700)—and demonstrates her to be an original philosophical and moral thinker and writer. Suchon argues that both women and men have inherently similar intellectual, corporeal, and spiritual capacities, which entitle them equally to essentially human prerogatives, and she displays her breadth of knowledge as she harnesses evidence from biblical, classical, patristic, and contemporary secular sources to bolster her claim. Forgotten over the centuries, these writings have been gaining increasing attention from feminist historians, students of philosophy, and scholars of seventeenth-century French literature and culture. This translation, from Domna C. Stanton and Rebecca M. Wilkin, marks the first time these works will appear in English.
A Woman Who Defends All the Persons of Her Sex: Selected Philosophical and Moral Writings (The Other Voice in Early Modern Europe)
by Gabrielle SuchonDuring the oppressive reign of Louis XIV, Gabrielle Suchon (1632–1703) was the most forceful female voice in France, advocating women’s freedom and self-determination, access to knowledge, and assertion of authority. This volume collects Suchon’s writing from two works—Treatise on Ethics and Politics (1693) and On the Celibate Life Freely Chosen; or, Life without Commitments (1700)—and demonstrates her to be an original philosophical and moral thinker and writer. Suchon argues that both women and men have inherently similar intellectual, corporeal, and spiritual capacities, which entitle them equally to essentially human prerogatives, and she displays her breadth of knowledge as she harnesses evidence from biblical, classical, patristic, and contemporary secular sources to bolster her claim. Forgotten over the centuries, these writings have been gaining increasing attention from feminist historians, students of philosophy, and scholars of seventeenth-century French literature and culture. This translation, from Domna C. Stanton and Rebecca M. Wilkin, marks the first time these works will appear in English.
A Woman Who Defends All the Persons of Her Sex: Selected Philosophical and Moral Writings (The Other Voice in Early Modern Europe)
by Gabrielle SuchonDuring the oppressive reign of Louis XIV, Gabrielle Suchon (1632–1703) was the most forceful female voice in France, advocating women’s freedom and self-determination, access to knowledge, and assertion of authority. This volume collects Suchon’s writing from two works—Treatise on Ethics and Politics (1693) and On the Celibate Life Freely Chosen; or, Life without Commitments (1700)—and demonstrates her to be an original philosophical and moral thinker and writer. Suchon argues that both women and men have inherently similar intellectual, corporeal, and spiritual capacities, which entitle them equally to essentially human prerogatives, and she displays her breadth of knowledge as she harnesses evidence from biblical, classical, patristic, and contemporary secular sources to bolster her claim. Forgotten over the centuries, these writings have been gaining increasing attention from feminist historians, students of philosophy, and scholars of seventeenth-century French literature and culture. This translation, from Domna C. Stanton and Rebecca M. Wilkin, marks the first time these works will appear in English.
A Woman's Guide to Divorce: How to take control of the whole process, including finances, children and the emotional journey (Dark-Hunter World #92)
by Phyllida Wilson Maxine PillingerThis book will inform and empower women who have decided to divorce, or are deciding whether to do so.It will give them the `heads up` on what to expect, and the confidence to manage and control the formidable process; from the first meeting with a solicitor to the financial implications, the court processes, communication with the `ex`, and managing children, family and friends.It offers guidance on living arrangements and emotional aspects, and on the characteristics of `extreme` divorces including violence, harassment, custody battles, non-compliance and aggressive financial deprivation.
Woman's Identity and Rethinking the Hadith (Islamic Law in Context #1)
by Nimat Hafez BarazangiThe Prophet Muhammad’s reported traditions have evolved significantly to affect the social, cultural, and political lives of all Muslims. Though centuries of scholarship were spent on the authentication and trustworthiness of the narrators, there has been less study focused on the contents of these narratives, known as Hadith or Sunnah, and their corroboration by the Qur`an. This book is a first step in a comprehensive attempt to contrast Hadith with the Qur`an in order to uncover some of the unjust practices by Muslims concerning women and gender issues. Using specific examples the author helps the reader appreciate and understand the magnitude of the problem. It is argued that the human rights and the human development of Muslim women will not progress in a meaningful and sustainable manner until the Hadith is re-examined in a fresh new approach from within the Islamic framework, shifting the discourse in understanding Islam from a dogmatic religious law to a religio-moral rational worldview. The author argues that such re-examination requires the involvement of women in order to affirm their authority in exegetical and practical leadership within Muslim societies, and she encourages Muslim women to stand up for their rights to effect change in understanding the role of sunnah in their own life.
Woman's Identity and Rethinking the Hadith (Islamic Law in Context #1)
by Nimat Hafez BarazangiThe Prophet Muhammad’s reported traditions have evolved significantly to affect the social, cultural, and political lives of all Muslims. Though centuries of scholarship were spent on the authentication and trustworthiness of the narrators, there has been less study focused on the contents of these narratives, known as Hadith or Sunnah, and their corroboration by the Qur`an. This book is a first step in a comprehensive attempt to contrast Hadith with the Qur`an in order to uncover some of the unjust practices by Muslims concerning women and gender issues. Using specific examples the author helps the reader appreciate and understand the magnitude of the problem. It is argued that the human rights and the human development of Muslim women will not progress in a meaningful and sustainable manner until the Hadith is re-examined in a fresh new approach from within the Islamic framework, shifting the discourse in understanding Islam from a dogmatic religious law to a religio-moral rational worldview. The author argues that such re-examination requires the involvement of women in order to affirm their authority in exegetical and practical leadership within Muslim societies, and she encourages Muslim women to stand up for their rights to effect change in understanding the role of sunnah in their own life.
Womb Politics: A Short History of the Future of Human Reproduction (The International Library of Bioethics #99)
by Frida SimonsteinThis book offers a vision of politics that govern the womb; from antiquity (‘be fertile and replenish the earth’), through the ages (hysterectomy, to extirpate women’s ‘hysteria’), up to the present time (abortion wars; assisted reproduction), and into the future (reprogenetics; the artificial womb). It explores how the womb has served humanity, either tacitly or explicitly, through the ages and examines how women have accepted and still perceive the rules created by men as natural - including the new anti-abortion laws in the USA - because ‘that is the way things are.’ The book also explores how the emerging of assisted reproduction technologies and novel genetic tools (reprogenetics) will pose additional challenges to womb bearers, as all women will be made to reproduce with IVF. What is more, the advent of the artificial womb is in sight; the gender and social implications of this development would be enormous. Certainly not just another organ, the womb has been and remains a powerful tool that cannot be left to the decisions of half of the population. This book engages a wide audience, including women and men, professionals and laypersons who are interested in gender, politics, legislation, women’s health, and ethics.
Women and Austerity: The Economic Crisis and the Future for Gender Equality (Routledge IAFFE Advances in Feminist Economics)
by Maria Karamessini Jill RuberyAusterity has become the new principle for public policy in Europe and the US as the financial crisis of 2008 has been converted into a public debt crisis. However, current austerity measures risk losing past progress towards gender equality by undermining important employment and social welfare protections and putting gender equality policy onto the back burner. This volume constitutes the first attempt to identify how the economic crisis and the subsequent austerity policies are affecting women in Europe and the US, tracing the consequences for gender equality in employment and welfare systems in nine case studies from countries facing the most severe adjustment problems. The contributions adopt a common framework to analyse women in recession, which takes into account changes in women’s position and current austerity conditions. The findings demonstrate that in the immediate aftermath of the financial crisis, employment gaps between women and men declined — but due only to a deterioration in men’s employment position rather than any improvements for women. Tables are set to be turned by the austerity policies which are already having a more negative impact on demand for female labour and on access to services which support working mothers. Women are nevertheless reinforcing their commitment to paid work, even at this time of increasing demands on their unpaid domestic labour. Future prospects are bleak. Current policy is reinforcing the same failed mechanisms that caused the crisis in the first place and is stalling or even reversing the long term growth in social investment in support for care. This book makes the case for gender equality to be placed at the centre of any progressive plan for a route out of the crisis.
Women and Austerity: The Economic Crisis and the Future for Gender Equality (Routledge IAFFE Advances in Feminist Economics)
by Maria Karamessini Jill RuberyAusterity has become the new principle for public policy in Europe and the US as the financial crisis of 2008 has been converted into a public debt crisis. However, current austerity measures risk losing past progress towards gender equality by undermining important employment and social welfare protections and putting gender equality policy onto the back burner. This volume constitutes the first attempt to identify how the economic crisis and the subsequent austerity policies are affecting women in Europe and the US, tracing the consequences for gender equality in employment and welfare systems in nine case studies from countries facing the most severe adjustment problems. The contributions adopt a common framework to analyse women in recession, which takes into account changes in women’s position and current austerity conditions. The findings demonstrate that in the immediate aftermath of the financial crisis, employment gaps between women and men declined — but due only to a deterioration in men’s employment position rather than any improvements for women. Tables are set to be turned by the austerity policies which are already having a more negative impact on demand for female labour and on access to services which support working mothers. Women are nevertheless reinforcing their commitment to paid work, even at this time of increasing demands on their unpaid domestic labour. Future prospects are bleak. Current policy is reinforcing the same failed mechanisms that caused the crisis in the first place and is stalling or even reversing the long term growth in social investment in support for care. This book makes the case for gender equality to be placed at the centre of any progressive plan for a route out of the crisis.
Women and Children as Victims and Offenders: Suggestions for Succeeding Generations (Volume 1)
by Helmut Kury Sławomir Redo Evelyn SheaThis work compiles experiences and lessons learned in meeting the unique needs of women and children regarding crime prevention and criminal justice, in particular the treatment and social reintegration of offenders, and serves a as a cross-disciplinary work for academic and policy-making analyses and follow-up in developing and developed countries.Furthermore, it argues for a more humane and effective approach to countering delinquency and crime among future generations. In a world where development positively depends on the rule of law and the related investment security, two global trends may chart the course of development: urbanization and education. Urbanization will globalize the concepts of “justice” and “fairness”; education will be dominated by the urban mindset and digital service economy, just as a culture of lawfulness will. This work looks at crime prevention education as an investment in the sustainable quality of life of succeeding generations, and at those who pursue such crime prevention as the providers of much-needed skills in the educational portfolio. Adopting a reformist approach, this work collects articles with findings and recommendations that may be relevant to domestic and international policymaking, including the United Nations Studies and their educational value for the welfare of coming generations. The books address the relevant United Nations ideas by combining them with academic approaches. Guided by the Editors’ respective fields of expertise, and in full recognition of academic freedom and “organized scepticism”, it includes contributions by lawyers, criminologists, sociologists and other eminent experts seeking to bridge the gap between academic and policy perspectives, as appropriate, against the international background, including the United Nations developments. The first volume opens with a foreword by Marta Santos Pais, the United Nations Special Representative of the Secretary-General on Violence against Children, and a general introduction by the editors. Part I provides an overview of United Nations principles for crime prevention and the treatment of women and children. Part II concentrates on education and the social learning of children and adolescents. The importance of quality education is stressed as is its impact on the behaviour of children of all ages. It also includes a discussion of the factors that still hinder access to good schooling in many parts of the world. Part III presents international research findings on children, juveniles and women both as victims and offenders. Statistics show overwhelmingly that these groups are more often victims than offenders.
Women and Children as Victims and Offenders: Suggestions for Succeeding Generations (Volume 2)
by Helmut Kury Sławomir Redo Evelyn SheaThis work compiles experiences and lessons learned in meeting the unique needs of women and children regarding crime prevention and criminal justice, in particular the treatment and social reintegration of offenders and serves as a cross-disciplinary work for academic and policy-making analyses and follow-up in developing and developed countries.Furthermore, it argues for a more humane and effective approach to countering delinquency and crime among future generations. In a world where development positively depends on the rule of law and the related investment security, two global trends may chart the course of development: urbanization and education. Urbanization will globalize the concepts of “justice” and “fairness”; education will be dominated by the urban mindset and digital service economy, just as a culture of lawfulness will. This work looks at crime prevention education as an investment in the sustainable quality of life of succeeding generations, and at those who pursue such crime prevention as the providers of much-needed skills in the educational portfolio. Adopting a reformist approach, this work collects articles with findings and recommendations that may be relevant to domestic and international policymaking, including the United Nations Studies and their educational value for the welfare of coming generations. The books address the relevant United Nations ideas by combining them with academic approaches. Guided by the Editors’ respective fields of expertise, and in full recognition of academic freedom and “organized scepticism”, it includes contributions by lawyers, criminologists, sociologists and other eminent experts seeking to bridge the gap between academic and policy perspectives, as appropriate, against the international background, including the United Nations developments.The second volume opens with Part IV, which presents articles on different kinds of crime prevention. The effectiveness of punishment and, in particular, imprisonment is examined by contrasting it with alternative sanctions and the following questions are raised: Does harsh punishment have a crime preventive effect? What are the side effects of imprisonment on the offenders and their families? Are alternatives, such as restorative justice or mediation, more effective and cheaper? Part V outlines proactive strategies of crime prevention, e.g. for potential sex offenders or in the domain of internet crime. Part VI envisions a more peaceful and inclusive society, which would be realized by improving the protection of women and children in their everyday life, and easing the reintegration of those who have become offenders. The importance of the role played by the UN in formulating these goals is underlined. The volume concludes with an epilogue of the 70th President of the United Nations Economic and Social Council, Martin Sajdik, and a post scriptum of the editors. p>
Women and Domestic Violence Law in India: A Quest for Justice
by Shalu NigamThis book critically examines domestic violence law in India. It focuses on women’s experiences and perspectives as victims and litigants, with regard to accessibility to law and justice. It also reflects on the manner in which the legal process reproduces gender hierarchies. This volume: Analyzes the legal framework from a gender perspective to pinpoint the inherent stereotypes, prejudices and discriminatory practices that come into play while interpreting the law; Includes in-depth interviews and case studies, and explores critical themes such as marriage, rights, family, violence, property and the state; Presents alternatives beyond the domain of law, such as qualitative medical care and legal aid facilities, shelter homes, short-stay homes, childcare facilities, and economic and social security provisions to survivors and their children. Drawing on extensive testimonies and ethnographic studies situated in a theoretical framework of law, this book will be of great interest to scholars and researchers of law, gender, human rights, women’s studies, sociology and social anthropology, and South Asian studies.
Women and Domestic Violence Law in India: A Quest for Justice
by Shalu NigamThis book critically examines domestic violence law in India. It focuses on women’s experiences and perspectives as victims and litigants, with regard to accessibility to law and justice. It also reflects on the manner in which the legal process reproduces gender hierarchies. This volume: Analyzes the legal framework from a gender perspective to pinpoint the inherent stereotypes, prejudices and discriminatory practices that come into play while interpreting the law; Includes in-depth interviews and case studies, and explores critical themes such as marriage, rights, family, violence, property and the state; Presents alternatives beyond the domain of law, such as qualitative medical care and legal aid facilities, shelter homes, short-stay homes, childcare facilities, and economic and social security provisions to survivors and their children. Drawing on extensive testimonies and ethnographic studies situated in a theoretical framework of law, this book will be of great interest to scholars and researchers of law, gender, human rights, women’s studies, sociology and social anthropology, and South Asian studies.
Women and Entrepreneurship in India: Governance, Sustainability and Policy (Women and Sustainable Business)
by Harpreet KaurThe Indian Constitution is the largest written constitution that guarantees equality to women and empowers the State to take affirmative actions in favour of women. India has adopted International conventions for protection of rights of women and granting them equality and ratified the Convention on Elimination of All Forms of Discrimination Against Women (CEDAW) in the year 1993. The National Policy for Women Empowerment was presented in 2001, the goal of that policy to bring about the advancement, development and empowerment of women and enable women to become financially independent. Currently, India is the only country where the economic gender gap is larger than the political gender gap. Women are required to understand their own potential and overcome social barriers. With constant support of the government, change in stereotype mindset and skill development in women, India will continue witnessing gradual increase in women entrepreneurship in future. The aim of this book is to show the latest state of knowledge on the topic of women entrepreneurship, the role of women in business and women empowerment in India. Many aspects relating to role of women in business, sustainable business development and aspects going beyond economic empowerment of women are discussed in addition to presenting legal and regulatory frameworks. This book will be of interest to researchers, academics, policymakers, and students in the fields of entrepreneurship, empowerment, gender studies, and law.
Women and Entrepreneurship in India: Governance, Sustainability and Policy (Women and Sustainable Business)
by Harpreet KaurThe Indian Constitution is the largest written constitution that guarantees equality to women and empowers the State to take affirmative actions in favour of women. India has adopted International conventions for protection of rights of women and granting them equality and ratified the Convention on Elimination of All Forms of Discrimination Against Women (CEDAW) in the year 1993. The National Policy for Women Empowerment was presented in 2001, the goal of that policy to bring about the advancement, development and empowerment of women and enable women to become financially independent. Currently, India is the only country where the economic gender gap is larger than the political gender gap. Women are required to understand their own potential and overcome social barriers. With constant support of the government, change in stereotype mindset and skill development in women, India will continue witnessing gradual increase in women entrepreneurship in future. The aim of this book is to show the latest state of knowledge on the topic of women entrepreneurship, the role of women in business and women empowerment in India. Many aspects relating to role of women in business, sustainable business development and aspects going beyond economic empowerment of women are discussed in addition to presenting legal and regulatory frameworks. This book will be of interest to researchers, academics, policymakers, and students in the fields of entrepreneurship, empowerment, gender studies, and law.
Women and Gender in Islam: Historical Roots of a Modern Debate (PDF)
by Leila AhmedAre Islamic societies inherently oppressive to women? Is the trend among Islamic women to appear once again in veils and other traditional clothing a symbol of regression or an effort to return to a "pure" Islam that was just and fair to both sexes? In this book Leila Ahmed adds a new perspective to the current debate about women and Islam by exploring its historical roots, tracing the developments in Islamic discourses on women and gender from the ancient world to the present. In order to distinguish what was distinctive about the earliest Islamic doctrine on women, Ahmed first describes the gender systems in place in the Middle East before the rise of Islam. She then focuses on those Arab societies that played a key role in elaborating the dominant Islamic discourses about women and gender: Arabia during the period in which Islam was founded; Iraq during the classical age, when the prescriptive core of legal and religious discourse on women was formulated; and Egypt during the nineteenth and twentieth centuries, when exposure to Western societies led to dramatic social change and to the emergence of new discourses on women. Throughout, Ahmed not only considers the Islamic texts in which central ideologies about women and gender developed or were debated but also places this discourse in its social and historical context. Her book is thus a fascinating survey of Islamic debates and ideologies about women and the historical circumstances of their position in society, the first such discussion using the analytic tools of contemporary gender studies.
Women and Immigration Law: New Variations on Classical Feminist Themes
by Sarah Van Walsum Thomas SpijkerboerThis book examines immigration law from a gender perspective. It shows how immigration law situates gender conflicts outside the national order, projecting them onto non-western countries, exotic cultures, clandestine labour and criminal organizations. In doing so, immigration law sustains the illusion that gender conflicts have moved beyond the pale of European experience. In fact, the classical feminist themes of patriarchy, the gendered division of labour and sexual violence are still being played out at the heart of Europe's societies, involving both citizens and migrants. This collection of essays demonstrates how the seemingly marginal perspective of immigration law highlights Europe's unresolved gender conflicts and how a gender perspective can help us to rethink immigration law.
Women and Immigration Law: New Variations on Classical Feminist Themes
This book examines immigration law from a gender perspective. It shows how immigration law situates gender conflicts outside the national order, projecting them onto non-western countries, exotic cultures, clandestine labour and criminal organizations. In doing so, immigration law sustains the illusion that gender conflicts have moved beyond the pale of European experience. In fact, the classical feminist themes of patriarchy, the gendered division of labour and sexual violence are still being played out at the heart of Europe's societies, involving both citizens and migrants. This collection of essays demonstrates how the seemingly marginal perspective of immigration law highlights Europe's unresolved gender conflicts and how a gender perspective can help us to rethink immigration law.
Women and International Human Rights in Modern Times: A Contemporary Casebook
by Rosa CelorioThis casebook provides an overview of the main international and regional legal standards related to the human rights of women and explores their development and practical application in light of contemporary times, challenges, and advances. It navigates the nuances of the ongoing problems of discrimination and gender-based violence, and analyzes them in the context of modern challenges, such as the COVID-19 pandemic, the MeToo movement and its aftermath, the growth of non-state actors, environment and climate change, sexual orientation and gender identity, and the digital world, among others.Incorporating lessons learned from her experiences as a practitioner and a law professor, the author navigates and provides snapshots of priority issues and themes in the field of the human rights of women. In each chapter, students are encouraged to reflect and answer questions alluding to the intricacies, challenges, and advances in the protection and exercise of women’s rights in modern times. The chapters also include many case judgments, decisions, views, and general recommendations adopted by universal and regional bodies and courts advancing the development of women human rights issues. This analysis is complemented by key scholarship, reports, and statements produced in the area of the human rights of women and its different features.Students of issues concerning human rights, women, gender equality, and international law will attain a thorough understanding of the field through this contemporary casebook.
Women and International Human Rights Law: Universal Periodic Review in Practice (Routledge Research in Human Rights Law)
by Gayatri H. PatelThis book presents the findings of the first comprehensive study on the most recent and most unique and innovative method of monitoring international human rights law at the United Nations. Since its existence, there has yet to be a complete and comprehensive book solely dedicated to exploring the Universal Periodic Review (UPR) process. Women and International Human Rights Law provides a much-needed insight to what the process is, how it operates in practice, and whether it meets its fundamental aim of promoting the universality of all human rights. The book addresses the topics with regard to international human rights law and will be of interest to researchers, academics, and students interested in the monitoring and implementation of international human rights law at the United Nations. In addition, it will form supplementary reading for those students studying international human rights law on undergraduate programmes and will also appeal to academics and students with interests in political sciences and international relations.
Women and International Human Rights Law: Universal Periodic Review in Practice (Routledge Research in Human Rights Law)
by Gayatri H. PatelThis book presents the findings of the first comprehensive study on the most recent and most unique and innovative method of monitoring international human rights law at the United Nations. Since its existence, there has yet to be a complete and comprehensive book solely dedicated to exploring the Universal Periodic Review (UPR) process. Women and International Human Rights Law provides a much-needed insight to what the process is, how it operates in practice, and whether it meets its fundamental aim of promoting the universality of all human rights. The book addresses the topics with regard to international human rights law and will be of interest to researchers, academics, and students interested in the monitoring and implementation of international human rights law at the United Nations. In addition, it will form supplementary reading for those students studying international human rights law on undergraduate programmes and will also appeal to academics and students with interests in political sciences and international relations.
Women and Islamic Law in a Non-Muslim State: A Study Based on Decisions of the Shari'a Courts in Israel
by Ahron LayishThis book is methodologically unique in scholarly literature on Muslim society. Its originality lies in the fact that the rich material offered by the shari'a courts is given a thorough analysis with a view to drawing conclusions about the present-day phenomena in Arab society and processes that the society has been undergoing in modern times.Aharon Layish examines every aspect of the social status of Muslim women that finds expression in the shari'a courts: the age of marriage, stipulations inserted in the marriage contract, dower, polygamy, maintenance and obedience, divorce, custody of the children, guardianship, and succession. Each chapter opens with a short legal introduction based on all the sources of law applying in shari'a courts, followed by social analyses and a study of the attitudes and approaches of the qadis, or Muslim religious judges. Layish examines the relationship between shari'a and Israeli legislation: Do shari'a courts have regard to the provisions of Israeli law? What is the relationship between shari'a and social custom, and which is decisive in regard to Israeli Muslim women? To what extent does Israeli law actually affect Israeli Muslim women? What is the attitude of the qadis, toward Israeli legislation?Women and Islamic Law in a Non-Muslim State is an important and original study that will be of interest to students and scholars of Islamic law, comparative law, sociology, and modernization.
Women and Islamic Law in a Non-Muslim State: A Study Based on Decisions of the Shari'a Courts in Israel
by Ahron LayishThis book is methodologically unique in scholarly literature on Muslim society. Its originality lies in the fact that the rich material offered by the shari'a courts is given a thorough analysis with a view to drawing conclusions about the present-day phenomena in Arab society and processes that the society has been undergoing in modern times.Aharon Layish examines every aspect of the social status of Muslim women that finds expression in the shari'a courts: the age of marriage, stipulations inserted in the marriage contract, dower, polygamy, maintenance and obedience, divorce, custody of the children, guardianship, and succession. Each chapter opens with a short legal introduction based on all the sources of law applying in shari'a courts, followed by social analyses and a study of the attitudes and approaches of the qadis, or Muslim religious judges. Layish examines the relationship between shari'a and Israeli legislation: Do shari'a courts have regard to the provisions of Israeli law? What is the relationship between shari'a and social custom, and which is decisive in regard to Israeli Muslim women? To what extent does Israeli law actually affect Israeli Muslim women? What is the attitude of the qadis, toward Israeli legislation?Women and Islamic Law in a Non-Muslim State is an important and original study that will be of interest to students and scholars of Islamic law, comparative law, sociology, and modernization.
Women and Leadership in Islamic Law: A Critical Analysis of Classical Legal Texts (Culture and Civilization in the Middle East)
by David Solomon JalajelIslamic law has traditionally prohibited women from being prayer leaders and heads of state. A small number of Muslims today are beginning to challenge this stance, but they face considerable opposition from the broader Muslim community. ‘Women and Leadership in Islamic Law’ examines the assumption within much existing feminist scholarship that the patriarchal nature of pre-Islamic and early Muslim Near Eastern Society is the primary reason for the development of Islamic legal rulings prohibiting women from leadership positions. It claims that the evolution of Islamic law was a complex process, shaped by numerous cultural, historical, political and social factors, as well as scriptural sources whose importance cannot be dismissed. Therefore, the book critically examines a broad survey of legal works from the four canonical Sunni schools of law to determine the factors that influenced the development of the legal rulings prohibiting women from assuming various leadership roles. The passages that elaborate rulings about women’s leadership are presented in translation as an appendix to the research, and are then subjected to a variety of critical analyses to identify the reasons, influences, and assumptions underlying those rulings. This is the first time works of all four schools of law have been subjected to this kind of analysis for the express purpose of determining the extent to which gender attitudes have influenced and determined the rulings. This book will therefore be a vital resource for students and scholars of Islamic Studies, Religious Studies and Gender Studies.